P.R. Laws tit. 4, § 1302

2019-02-20 00:00:00+00
§ 1302. Definitions

For the purposes of this chapter, the following terms and phrases shall have the meaning stated hereinbelow, unless a different meaning is clearly construed from the text:

(a) Department. — Shall mean the Department of Corrections and Rehabilitation.

(b) Executive Director. — Shall mean the Executive Director of the Office of Pretrial Services.

(c) Report. — Shall mean the written report to be presented before the court as established in § 1310 of this title.

(d) Release in custody of a third party. — Is the provisional conditional release of a person charged with a crime when a third party makes a commitment with the court to supervise the person imputed in complying with certain conditions. The third party is also committed to inform the court of the noncompliance of any of those conditions. The third party shall accept its obligations in person, before the court, and the imputed person shall likewise accept the supervision of the third party.

(e) Release on personal recognizance. — Is the conditional release of a person charged with a crime after appearing before a court, when he/she is allowed to remain free during the course of the criminal proceeding, under his/her written promise to appear in court every time he/she is summoned and that he/she will comply with the judicial mandates and orders, including the conditions imposed by the court during his/her conditional release.

(f) Conditional release. — Is the provisional release of a person charged with a crime after appearing before a court, when the court allows him/her to remain free during the course of the criminal proceeding, with or without posting bail, provided the person charged with a crime meets one or several conditions imposed on him/her by the court, while his/her conditional release is in effect.

(g) Release on deferred bail. — Is the conditional release of a person charged with a crime after appearing before the court, when the latter sets a cash bail, but allows him/her to remain free during the criminal proceeding without posting the bail set, provided the person charged with a crime meets with one or several conditions imposed on him/her by the court during his/her conditional release; Provided, That in the event it is determined that the person charged with a crime has failed to comply with any of said conditions, he/she shall be required to post bail and if he/she fails to do so, shall be imprisoned immediately, without impairing the provisions of the Rules of Criminal Procedure.

(h) Parole pending criminal sentencing. — Is the release of a person charged with a crime after appearing in court, decreed by the judicial authority, during the criminal proceeding. The parole may be obtained by any means, including, but, without being limited to, the release on personal recognizance, in custody of a third party, under non monetary conditions, or on deferred bail.

(i) Office. — Is the Office of Pretrial Services created by this chapter.

(j) Secretary. — Shall mean the Secretary of the Department of Correction and Rehabilitation.

History —Aug. 12, 1995, No. 177, § 2; Aug. 4, 1997, No. 58, § 1.